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2025 DAILYLAW 132324 (ALL)

SMT.NEELAM MISHRA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF URBAN DEVELOPMENT AND 2 OTHERS

WRIC/3282/2025 · 2025-04-05

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19172-DB Court No. - 2 Case :- WRIT - C No. - 3282 of 2025 Petitioner :- Smt.Neelam Mishra Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Urban Development And 2 Others Counsel for Petitioner :- Pramendra Kumar Singh Counsel for Respondent :- C.S.C.,Anupam Dwivedi Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. The petitioner is permitted to correct the details of opposite party no. 3 by mentioning the words "City Level Technical Cell" instead of abbreviation C.L.T.C., during course of the day. Heard. Apparently, the recovery notices dated 28.01.2025 and 06.03.2025, contained as Annexure No. 2 & 1 to the writ petition, have been issued without any show cause notice to the petitioner, as, the said notices only require the petitioner to deposit the alleged payment made to him. Of course, on 01.02.2025, an application was submitted by the petitioner, but then the same has not been considered, and it was subsequent to the notice dated 28.01.2025. Moreover, there is another application dated 17.03.2025, which has also not been considered. We accordingly, dispose of this petition with the observation / direction that the notices contained as Annexure No. 1 and 2 shall be treated as show cause notice to the petitioner, and the representation of the petitioner dated 17.03.2025 contained as Annexure No. 7 shall be treated as a reply to the said show cause notices, and a reasoned decision shall be taken accordingly by the opposite party no. 3, after getting the facts verified, if necessary, within a period of three weeks. If the decision is against the petitioner, further action for recovery can be initiated without prejudice to the rights of the petitioner to challenge such decision. Needless to say that now, the aforesaid notices will not be implemented till a final decision is taken. Order Date :- 5.4.2025/Lokesh Kumar [Om Prakash Shukla, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench